Extraordinary Driver's Licence applications

An Extraordinary Driver’s Licence (EDL) can allow someone who has been disqualified from driving to drive in certain circumstances. It is granted at the discretion of the court and is subject to strict conditions. It is an offence to drive contrary to your EDL.

This information will help you to understand more about Extraordinary Driver’s Licences.  Find out:

  • Who can apply
  • What reason do you need to give for wanting an EDL
  • When and how you can apply, and
  • what conditions might be attached to an EDL.

Who can apply for an EDL?

You can apply if you are under a court imposed licence disqualification or suspension.

You cannot apply if:

  • you are under a roadside disqualification notice from the police
  • you have a Licence Suspension Order for unpaid fines or infringements
  • your licence is disqualified because of excessive demerit points (including breaching Double or Nothing), or
  • your licence is disqualified in another state.

If you were disqualified from driving and your licence was cancelled, the court may make an order that you re-sit your test before you are allowed to drive under an EDL. This may be helpful to you because:

  • you will not have to wait until after your disqualification has ended to reapply for a licence
  • you will not have to wait in a queue before you re-sit the test
  • when the EDL ends, you will be allowed to continue driving because you will already have sat your test and have your licence back.

What reason do I need to give for wanting an EDL?

The court will not give you an EDL unless you can show that if you cannot drive:

  • you or a family member will be unable to get urgent medical treatment for an existing illness, disease or disability
  • it will take away the main source of earning money and cause an undue financial burden on you or your family, or
  • you or someone in your family has no other practicable means of transport for getting to and from work.

When can I apply for an EDL?

There are certain waiting periods that apply from the date that you are  disqualified before you can apply for an EDL. The amount of time you have to wait depends on why your licence was disqualified and whether you have other traffic convictions.

To find out the waiting period that applies to you, either contact the registry of the court where you are making the application or get legal advice.

If your application is refused, you must wait six months before you can apply again.

How do I apply for an EDL?

You must complete an application form, pay the fee, and lodge it at the court type where you were disqualified (Children’s, Magistrates, District or Supreme Court). You will be given a date to come back to court to make your application in front of the magistrate or judge.

In deciding whether to grant your application, the court will consider a number of factors including:

  • the degree of hardship to you or your family if the court does not grant the licence
  • the safety of the public
  • your character
  • the nature of the offence(s) giving rise to the disqualification, and
  • your conduct since you were disqualified from driving.

If you are granted an EDL, you must lodge your court order with the Department of Transport to have the licence issued before you can drive.

What conditions might be attached to my EDL?

The court can attach whatever conditions it thinks are appropriate. Some common conditions are:

  • the days and hours which you can drive
  • the purposes for which you can drive (eg work or medical reasons)
  • the location where you can drive
  • the vehicle/s you can drive, or
  • having to keep a logbook of all the times you drive under your EDL.

You can apply to change or vary the conditions of your EDL by making an application to the court.

Depending on your convictions, you might also need to comply with conditions of the Alcohol Interlock Scheme from the Department of Transport before you can drive under the EDL. 

If you are charged with breaching the conditions of your EDL, you will be fined and your EDL will be cancelled, unless special circumstances exist. If you breach conditions about the time, purpose or location, your vehicle will also be impounded by the police.

 

Resources

More information

Magistrates Court of WA
Department of Transport

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.